Constitutional Law – May 23, 2012

by Patterson Belknap Webb & Tyler LLP on 5/1/2012

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

by Dechert LLP on 4/27/2012

Don’t misunderstand us. TwIqbal’s great. It’s left a lot of badly pleaded carnage in its wake over the last five years. But at times it makes sense to mix things up, to give the bench players a chance. Take standing for...more

by Lawyers.com on 4/3/2012

Big tobacco companies are exposed to billions of dollars in damages in Florida smokers’ lawsuits now that the they’ve lost their attempt to overturn multi-million dollar verdicts when the U.S. Supreme Court decided not to...more

by Dechert LLP on 3/9/2012

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

by Michael Walsh on 2/13/2012

Par filed suit seeking a judgment declaring FDA’s regulations unconstitutional and preventing FDA from deeming lawful First Amendment protected speech as evidence of criminal intent. In response, FDA is seeking early...more

by Lawyers.com on 1/30/2012

The Arkansas Supreme Court put the state’s legislature in its place with its decision in a recent medical malpractice case. On Jan 19, the state’s highest court struck down provisions of the controversial 2003 Civil Justice...more

by Dechert LLP on 12/30/2011

The Massachusetts federal court overseeing multidistrict litigation against 11 beverage companies, including Coca-Cola Co. and Del Monte Corp., alleging that their fruit juices contained trace amounts of lead, dismissed the...more

by Dechert LLP on 11/8/2011

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more